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Name: People v. Jenkins
Case #: C049573
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/25/2006
Subsequent History: Rev. Granted 1/24/07: S147926
Summary

Appellant was convicted of battery with serious bodily injury and assault with a deadly weapon, for an assault on one victim using brass knuckles, and another whom he hit in the face who fell and lost consciousness. On appeal, he contended that the double jeopardy clause requires that his convictions for battery with serious bodily injury be vacated because that offense is a lesser included offense of assault with a deadly weapon coupled with a great bodily injury enhancement. Respondent contended that the double jeopardy clause did not apply to a unitary criminal case, and the use of a sentence enhancement to determine whether one offense is included in another is an unauthorized expansion of section 954. The court agreed with respondent and affirmed. Assault with force likely to cause great bodily injury does not constitute a lesser included offense of battery with serious bodily injury. The prohibition against multiple punishment does not include a prohibition against multiple convictions for the same offense.